Rule2023-07031
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Re-Opening of the Commercial Longline Fishery for Golden Tilefish in the South Atlantic
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 5, 2023
Effective
April 4, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces the re-opening of the commercial longline component for golden tilefish in the exclusive economic zone (EEZ) of the South Atlantic through this temporary rule. The most recent commercial longline landings data for golden tilefish indicate the commercial longline annual catch limit (ACL) for the 2023 fishing year has not yet been reached. Therefore, NMFS re-opens the commercial longline component to harvest golden tilefish in the South Atlantic EEZ for 3 days. The purpose of this temporary rule is to allow for the commercial longline ACL for golden tilefish to be harvested while minimizing the risk of exceeding the commercial ACL.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 65 (Wednesday, April 5, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 65 (Wednesday, April 5, 2023)]
[Rules and Regulations]
[Pages 20079-20080]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07031]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 120404257-3325-02; RTID 0648-XC895]
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Re-Opening of the Commercial Longline Fishery for Golden Tilefish in
the South Atlantic
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; re-opening.
-----------------------------------------------------------------------
SUMMARY: NMFS announces the re-opening of the commercial longline
component for golden tilefish in the exclusive economic zone (EEZ) of
the South Atlantic through this temporary rule. The most recent
commercial longline landings data for golden tilefish indicate the
commercial longline annual catch limit (ACL) for the 2023 fishing year
has not yet been reached. Therefore, NMFS re-opens the commercial
longline component to harvest golden tilefish in the South Atlantic EEZ
for 3 days. The purpose of this temporary rule is to allow for the
commercial longline ACL for golden tilefish to be harvested while
minimizing the risk of exceeding the commercial ACL.
DATES: This temporary rule is effective from 12:01 a.m. eastern time on
April 4, 2023, until 12:01 a.m. eastern time on April 7, 2023.
FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional
Office, telephone: 727-824-5305, email: <a href="/cdn-cgi/l/email-protection#523f33202b7c24332033123c3d33337c353d24"><span class="__cf_email__" data-cfemail="7c111d0e05520a1d0e1d3c12131d1d521b130a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South
Atlantic includes golden tilefish and is managed under the Fishery
Management Plan for the Snapper-Grouper Fishery of the South Atlantic
Region (FMP). The FMP was prepared by the South Atlantic Fishery
Management Council (Council) and is implemented by NMFS under the
[[Page 20080]]
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622.
The commercial sector for golden tilefish comprises the longline
and hook-and-line components. The commercial golden tilefish ACL is
allocated 75 percent to the longline component and 25 percent to the
hook-and-line component. The commercial ACL (equivalent to the
commercial quota) is 331,740 lb (150,475 kg) in gutted weight, and the
longline component quota is 248,805 lb (112,856 kg) in gutted weight
(50 CFR 622.190(a)(2)(iii)).
Under 50 CFR 622.193(a)(1)(ii), NMFS is required to close the
commercial longline component for golden tilefish when the longline
component's commercial quota specified under 50 CFR 622.190(a)(2)(iii)
is reached or is projected to be reached by filing a notification to
that effect with the Office of the Federal Register. After the longline
component quota is reached or is projected to be reached, golden
tilefish may not be commercially fished or possessed by a vessel with a
golden tilefish longline endorsement. NMFS previously determined that
the commercial quota for the golden tilefish longline component in the
South Atlantic would be reached by February 26, 2023. Therefore, NMFS
published a temporary rule to close the commercial longline component
for South Atlantic golden tilefish from February 26, 2023, through the
end of the 2023 fishing year (88 FR 11397, February 23, 2023). However,
a more recent estimation of golden tilefish landings harvested by
longline gear indicates that the commercial longline ACL for golden
tilefish has not been met.
In accordance with 50 CFR 622.8(c), NMFS temporarily re-opens the
commercial longline component for golden tilefish on April 4, 2023. The
commercial longline component will remain open for 3 days to allow for
the commercial longline ACL to be reached. The commercial longline
component will be closed from 12:01 a.m. eastern time on April 7, 2023,
until January 1, 2024, the start of the next fishing year. NMFS has
determined that this re-opening will allow an additional opportunity to
commercially harvest the golden tilefish longline component quota while
minimizing the risk of exceeding the commercial ACL.
The operator of a vessel with a valid Federal commercial vessel
permit for South Atlantic snapper-grouper and a valid commercial
longline endorsement for golden tilefish having golden tilefish on
board must have landed and bartered, traded, or sold such golden
tilefish before 12:01 a.m. eastern time on April 7, 2023. During the
subsequent commercial longline closure, golden tilefish may still be
commercially harvested using hook-and-line gear while the hook-and-line
component is open. However, a vessel with a golden tilefish longline
endorsement is not eligible to fish for or possess golden tilefish
using hook-and-line gear under the hook-and-line commercial trip limit,
as specified in 50 CFR 622.191(a)(2)(ii). The operator of a vessel with
a valid Federal commercial vessel permit for South Atlantic snapper-
grouper and a valid commercial longline endorsement for golden tilefish
with golden tilefish on board must have landed and bartered, traded, or
sold such golden tilefish before 12:01 a.m. eastern time on April 7,
2023. During the commercial longline closure, the recreational bag and
possession limits specified in 50 CFR 622.187(b)(2)(iii) and (c)(1),
respectively, apply to all harvest or possession of golden tilefish in
or from the South Atlantic EEZ by a vessel with a golden tilefish
longline endorsement.
The sale or purchase of longline-caught golden tilefish taken from
the South Atlantic EEZ is prohibited during the commercial longline
closure. The prohibition on sale or purchase does not apply to the sale
or purchase of longline-caught golden tilefish that were harvested,
landed ashore, and sold before 12:01 a.m. eastern time on April 7,
2023, and were held in cold storage by a dealer or processor.
Additionally, the recreational bag and possession limits and the sale
and purchase provisions of the commercial closure apply to a person on
board a vessel with a golden tilefish longline endorsement, regardless
of whether the golden tilefish are harvested in state or Federal
waters, as specified in 50 CFR 622.190(c)(1).
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.190(a)(2)(iii) and
622.193(a)(1)(ii), issued pursuant to section 304(b), and is exempt
from review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior
notice and an opportunity for public comment on this action, as notice
and comment is unnecessary. Such procedure is unnecessary, because the
regulations associated with the commercial longline component quota for
golden tilefish and a re-opening to provide an opportunity for the
quota to be harvested have already been subject to notice and public
comment, and all that remains is to notify the public of the commercial
longline component re-opening.
For the reasons stated earlier, the Assistant Administrator for
Fisheries also finds good cause to waive the 30-day delay in the
effectiveness of this action under 5 U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: March 30, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-07031 Filed 3-31-23; 4:15 pm]
BILLING CODE 3510-22-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on April 5, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.